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So far it is just Macquarie Bank that was said they will no longer lend to trustees or to companies (whether acting as trustee of not).
CBA have tightened up, but they will still lend to people and companies acting as trustee where they hold credit facilities with CBA already for more than 6 months – and this includes guarantors whether acting as guarantors or not.
I think that existing trust or company debts will still be disregarded where these entities are self sufficient and are not borrowers.
I am not aware of any other changes at this stage – but it could be a general tightening up about to happen.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
but note that land tax is state law and as such only solicitors and/or barristers could advise on it. Its not an area that accountants or registered tax agents can legally advise on.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It’d be great if there were more transparency in the industry about what that mentorship actually includes, because the difference between a quick phone check-in and full file support is huge.
That is a private matter between the mentor and mentee – a contractual matter that would vary between the parties. All that the ‘industry’ requires is someone to be named as a ‘mentor’
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
1. Yes its possible
2. Yes there could be better ways, especially considering the tax aspects
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
it could be possible where you are both borrowers or you are a guarantor. but it is generally not like by the banks, especially with a main residence, as you are liable but not getting any benefit from the loan.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Has anyone ever worked with Inception Wealth Group or MODE SMSF? They’re setting up an SMSF for us, but I’m not sure if I want to proceed with it yet.
Are they licenced? i.e. do they have an AFSL?
If not then stay clear, and report them to ASIC.
Did they approach you or did you approach them? I would never use a company that approached me, especially about financial matters.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
caveats are used to show others that someone else has an equitable interest in the property. A legal interest is one recorded on title such as a registered second mortgage. This would be a legal interest.
A second mortgage could also be unregistered, it would then be an equitable interest. A caveat could be lodged, potentially, over the property to let others know and to help get priority over later registered mortgages.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If a trust ‘gets’ a loan it will be the trustee that borrows. Where there is a company as trustee the company will be the borrower with the directors as guarantors of the loan.
If the directors set up Company B for the next purchase (whether it acts as trustee or not) it will borrow. The debts of Company A are no able to be counted as debts of Company B as they are 2 different legal persons.
But where Individual A has guaranteed the first loan this guarantee could be taken into account, for serviceability purposes. But some lenders will disregard this where Company A and the trust it is trustee of, are ‘self sufficient’.
Seek legal advice on this beforehand as there are many issues.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Brokers generally are not licenced to give tax advice so you can’t expect them to explain tax issues. Most run around saying ‘its the same thing’ and not understanding the tax issues. But it would be a good idea for them to suggest going to get tax advice before lodging the applciation.
Keep in mind too that a mortgage is different to a loan. It is the security for the loan. The borrower can be different from the mortgagor.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
The issue is likely to be that the borrower of the loan is going to be different to the mortgagor of the property.
e.g. Trust Co Pty Ltd owns the property, as trustee, but Homer needs to be the borrower so he can claim the interest on the loan that he has used to acquire units in the trust.
The owner Trust Co Pty Ltd is the mortgagor. Homer cannot give a mortgage as he doesn’t own the property.
Trust Co Pty Ltd would normally be the borrower, but Homer wants to claim the interest so he needs to be the borrower. If the loan is refinanced and Trust Co Pty Ltd becomes the borrower no interest would be deductible to anyway.
But there is a simple way around this and that is to seek legal advice and have Trust Co Pty Ltd borrow and onlend to Homer to pay out the previous loan. All done simultaneously on settlement of the refinance.
Another ‘issue’ is if the word ‘hybrid’ is used in the name of the trust. It will just make the lending hit a brick wall without further consideration with some lenders.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
No potential to claim the main residence CGT exemption on mere intention to live in a property without actually doing so.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
harder to finance means harder to sell generally.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
There is some inaccuracies in your post so best to seek legal advice on land tax specific to your situation
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Oh i just realised that first post was written in 2010 so 14 years ago!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
based on the figures in the book the median price of a home in Melbourne now would be $1,143,000.
Google tells me the medican is around $933,000 as of sept 2023 so she was not that far off.
I see one of four options – the numbers are wrong
Keep in mind they were predictions
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Borrow to pay it is one option.
Did you do some planning before purchase so you could minimise land tax?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Financial advice is advice on a financial product. Property isn’t a financial product so you likely need finance and tax advice based on what you have written.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If you sell you will likely pay CGT and will loose future capital growth. You would also be up for agents fees and if you later buy something else more stamp duty.
Do you guestimate they will be growing more than they are costing you? if so it might be worth holding. ALso have to factor in the opportunity cost of having the money tied it, the extra non-deductible interest you are incurring as well as the negative cash flow
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If the house is being used as security it would require a joint loan with both of you as borrowers, or 2 loans with each guaranteeing the other’s loan. Your income isn’t mentioned, but together you might be able to qualify.
Best to seek legal advice before purchase and consider entering into a deed of partition so the titles can be transferred without triggering CGT or stamp duty once subdivision happens, but at that point you would need to qualify for the loan on your own.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
There should be no need for a private ruling for a question like this. basic tax advice should be enough.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



